ML20072K765
| ML20072K765 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 06/30/1983 |
| From: | Conner T CONNER & WETTERHAHN, PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8307060409 | |
| Download: ML20072K765 (6) | |
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A O Wo UNITED STATES OF AMERICA Q
/g NUCLEAR REGULATORY COMMISSION
/g Before the Atomic Safety and Licensing Board In the Matter of
)
)
Philadelphia Electric Company
)
Docket Nos. 50-352
)
50-353 (Limerick Generating Station,
)
Units 1 and 2)
APPLICANT'S ANSWER TO LETTER DATED JUNE 16, 1983 FROM COUNSEL FOR DEL-AWARE UNLIMITED, INC.
PROPOSING NEW CONTENTIONS By letter dated June 16, 1983, counsel for Del-Aware Unlimited, Inc.
(" Del-Aware")
referred to certain circum-stances which, in its view, justify the admission of a new, late contention that would expand this proceeding beyond the scope of the environmental contentions previously decided by the presiding Atomic Safety and Licensing Board
(" Licensing Board" or " Board") in its Partial Initial Decision issued on March 8, 1983.
The new " contention," for which no language or bases have been
- supplied, would address the use of supplemental cooling water from the Point Pleasant diversion for the Limerick Generating Station in relation to the Applicant's
" financial viability, and the impact on its 8307060409 830630 PDR ADOCK 05000352 Q3 O
PDR customers, within the terms of Part 50 of the Commission's regulations, as well as Part 51."1 Related motions seeking to litigate n'e w contentions, particularly the most recent such attempt regarding the Bucks County referendum on May 17, 1983, have been repeated-ly denied by the Licensing Board.1 This particular attempt to inject extraneous issues into the proceeding should likewise be summarily rejected.
Although an extended discussion of the proposed " con-tention" is inappropriate for the reasons discussed below, it is noted that Del-Aware has completely failed to discuss, let alone satisfy, any of the Commission's requirements to reopen the record for yet another proposed late con-tention.1 It is also noted, as discussed in the NRC Staff's letter to the board, dated June 27, 1983, that if any of the contingencies postulated by Del-Aware should occur, the new information can be given appropriate atten-tion at that time.
s 1/
Letter dated June 16, 1983 at 2.
-2/
See Memorandum and Order Denying Del-Aware's Motion to Reopen the Record at 9 n.3 (June 1, 1983).
~3/
The applicable standards are summarized in Answer of Applicant to Late Filed Contention V-26 and Motion to Reopen by Del-Aware Unlimited, Inc.
at 6-11 (filed March 29, 1983).
Despite the many infirmities of Del-Aware's motion, the Board need not address the specific deficiencies of Del-Aware's " contention" inasmuch as the Board no longer has jurisdiction over this aspect of the case.
Sinca exceptions to the Board's most recent order denying the new con-tentions, dated June 1,
1983, were filed by Del-Aware on June 16, 1983, the Licensing Board no longer has jurisdic-tion with regard to the instant matter.
See Philadelphia Electric Company (Limerick Generating Station, Units 1 and 2), ALAB-726, 17 NRC (May 2,
1983) (slip op. at 3-4);
Metropolitan Edison Company (Three Mile Island Nuclear Station, Unit No.
1), ALAB-699, 16 NRC (October 27, 1982) (slip op. at 4-5).
In the view of the fact that the Licensing Board lacks jurisdiction over the instant matter, Applicant does not intend to engage in any superfluous discussion of the proposed
" contention" unless requested by the Board.
Rather, the Board should surmnarily deny this repetitious and meritless
" contention" as beyond its delegated jurisdic-tion.AI Respectfully submitted, CONNER & WETTERHAHN, P.C.
b
(
AN W'),
h.
Troy Conner, Jr.
Robert M. Rader Counsel for the Applicant June 30, 1983 4/
At the end of his letter to the Board, counsel for Del-Aware also requests that the NRC Staff indicate to the Board what action, if any, it plans to take with regard to the matters to which Del-Aware has referred in its letter.
It is simply noted that the Board lacks authority to direct the Staff's activities in such areas.
Carolina Power and Light Company (Shearon Harris Nuclear Power Plant, Units 1,
2, 3,
and 4),
CLI-80-12, 11 NRC
- 514, 516 (1980);
offshore Power Systems (Floating Nuclear Power Plants), ALAB-489, 8 NRC 194, 206 (1978).
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
)
)
Philadelphia Electric Company
)
Docket Nos. 50-352
)
50-353 (Limerick Generating Station,
)
Units 1 and 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of " Applicant's Answer to Letter dated June 16, 1983 from Counsel for Del-Aware Unlimited, Inc. Proposing New Contentions" dated July 1,
- 1983, in the captioned matter have been served upon the following by deposit in the United States mail this 1st day of July, 1983:
Judge Lawrence Brenner (2)
Docketing and Service Section Atomic Safety and Licensing Office of the Secretary Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555 Ann P.
Hodgdon, Esq.
Judge Richard F. Cole Elaine I. Chan, Esq.
Atomic Safety and Licensing Counsel for NRC Staff Board Office of the Executive U.S.
Nuclear Regulatory Legal Director Commission U.S. Nuclear Regulatory Washington, D.C.
20555 Commission Washington, D.C.
20555 Judge Peter A. Morris Atomic Safety and Licensing Atomic Safety and Licensing Board Board Panel U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555 Atomic Safety and Licensing Philadelphia Electric Company Appeal Panel ATTN:
Edward G.
Bauer, Jr.
U.S. Nuclear Regulatory Vice President &
Commission General Counsel Washington, D.C.
20555 2301 Market Street Philadelphia, PA 19101
\\
Mr. Frank R. Romano David Wersan, Esq. Consumer 61 Forest Avenue Assistant Advocate Ambler, Pennsylvania 19002 Office of Censumer Advocate 1425 Strawberry Square Mr. Robert L. Anthony Harrisburg, PA 17120 Friends of the Earth of the Delaware Valley Steven P.
Hershey, Esq.
P.
O. Box 186 Community Legal 103 Vernon Lane Services, Inc.
Moylan, Pennsylvania 19065 Law Center North Central Beury Bldg.
Mr. Marvin I. Lewis 3701 North Broad Street 6504 Bradford Terrace Philadelphia, PA 19140 Philadelphia, PA 19149 Donald S.
Bronstein, Esq.
Judith A. Dorsey, Esq.
1425 Walnut Street 1315 Walnut Street Philadelphia, PA 19102 Suite 1632 Philadelphia, PA 19107 Mr. Joseph H. White, III 8 North Warner Avenue Charles W. Elliott, Esq.
Bryn Mawr, PA 19010 Brose and Postwistilo 1101 Building Robert J.
Sugarman, Esq.
lith & Northampton Streets Sugarman & Denworth Suite Easton, PA 18042 510 North American Building 121 South Broad Street Jacqueline I.
Ruttenberg Philadelphia, PA 19107 Keysteon Alliance 3700 Chestnut Street Director, Pennsylvania Philadelphia, PA 19104 Emergency Management Agency Basement, Transportation Thomas Y. Au, Esq.
and Safety Building Assistant Counsel Harrisburg, PA 17120 Commonwealth of Pennsylvania DER Martha W.
Bush, Esq.
505 Executive House P.O.
Box Kathryn S. Lewis, Esq.
2357 Harrisburg, PA 17120 City of Philadelphia Municipal Services Bldg.
Thomas Gerusky, Director 15th and JFK Blvd.
Bureau of Radiation Philadelphia, PA 19107 Protection Department of Environmental Spence W.
Perry, Esq.
Resources Associate General Counsel 5th Floor, Fulton Bank Bldg.
Federal Emergency Third and Locust Streets Management Agency Harrisburg, PA 17120 500 C Street, S.W., Rm. 840 Washington, DC 20472 Robert M.
Rader j